Tort Law in Nepal

Tort law in Nepal is a developing area within the broader legal system, primarily influenced by principles of justice, fairness, and social responsibility. It deals with civil wrongs that cause harm or injury to individuals, for which the law provides remedies in the form of compensation. Although Nepal does not have a codified or comprehensive tort law system like in some other countries, various provisions under the Civil Code 2017 (2074 B.S.) and precedents set by the Supreme Court serve as the basis for handling tortious claims. Common torts in Nepal include negligence, defamation, nuisance, trespass, and liability for dangerous acts. Tort law plays a crucial role in protecting individual rights, deterring wrongful conduct, and promoting accountability. As awareness of civil rights grows and legal reforms progress, tort law in Nepal is expected to expand and evolve to meet the demands of justice in a changing society.

The term tort' has been derived from the Latin term 'torquere which means 'twisted. When someone infringes others' rights by injuring their physical, psychological, or monetary, or any other substantive matter, it falls under the domain of tort law. In other words, tort law covers the wider areas of compensatory damages, whether it is physical monetary loss or psychological loss, or any other form of loss caused by any law governed by tort law. It is a kind of private wrong against a person for which the whereas it is found to have been developed based on the precedent or judgments of the Court under a common legal system. It means it is the combination of common law principles and legislative enactments. Though tort law is civil wrongs but contractual matters never fall under the tort. It means other than a contractual agreement, is victim remains entitled to recover damages.

In developed countries, tort law has covered multifaceted areas like consumer protection, worker compensation, product liability, etc., but while stating in the context in our country, it has been specified only within limited specific grounds which are mentioned in the newly made statutory provision of the National Civil Code from sec 672 to 684.

Provision relating to Tort according to Muluki Civil Code, 2074

1) Tort deemed to be committed:

No one is allowed to cause harm or loss to another person's body, life, property, or legally protected rights through any act or failure to act, whether due to their own fault, negligence, or recklessness, or that of someone they are responsible for. If there is no prior contract between the parties involved, such harm will be considered a tort. An "omission" refers to failing to do something one is legally required to do. Anyone who commits a tort as described will be held legally responsible under this law.

2) Parents to bear liability:

The father and mother jointly living with a minor below fourteen years of age, or if there is no father or mother, the person who exercises paternal authority over him or her shall be liable for a tort committed by such a minor.

3) Guardian or curator to bear liability:

The guardian or curator of a person of unsound mind shall be responsible for and accordingly bear liability for any loss or damage caused by such a person.

4) Employer to be liable

An employer, whether a person, firm, company, or organization, is responsible for any loss or damage caused to others by a domestic helper, worker, or employee while performing their duties in good faith. However, if the worker or employee acts negligently or dishonestly, they will be personally held liable for the harm caused.

5) The owner of the animal is to bear liability for loss or damage caused by the animal:

The owner of an animal is responsible for any harm or damage the animal causes to others while under their control. However, the owner is not liable if the animal was properly controlled with necessary safety measures based on its nature, or if the damage was due to the victim's own actions, negligence, or fault. This law applies to all types of animals under a person's control, including domestic animals, reptiles, wildlife, and birds. The provision aims to ensure responsible animal ownership while recognizing exceptions where the owner has taken appropriate precautions or the injured party is at fault.

6) House-owner to bear liability for loss or damage caused by its collapse:

The house owner is legally responsible for any loss or damage caused to others due to the collapse of the house, whether it happens during construction or after its completion. This includes partial or complete collapse, or harm caused by any part of the house falling. The provision emphasizes the owner's duty to ensure the safety and structural integrity of the building. It holds them accountable for any negligence in construction, maintenance, or failure to address known risks. This rule promotes safe housing practices and protects the rights of individuals affected by dangerous or poorly maintained structures.

7) Owner of property to bear liability:

The property owner is responsible for any loss or damage caused to others due to the following reasons:

• Explosion caused by failure to adopt proper safety measures for machines, equipment, or engines.
• Fire or explosion resulting from not taking adequate safety measures for flammable or explosive substances.
• Excessive smoke or noise emitted by an industrial enterprise that violates prescribed standards.
• Fallen trees blocking roads, highways, or paths, unless due to a natural disaster or third-party action.
• Discharge of toxic or infectious substances into public drainage systems without proper precautions and in violation of set standards.

8) House-head to bear liability:

The concerned house-head shall be liable for the loss or damage, if any, caused to anyone as a result of any kind of solid waste or goods thrown from the house. House-head" means a person who acts as the chief of a family, and also includes, in the case of a tenant renting another's house, the person who acts as the chief of the tenant's family.

9) To bear liability for trespass:

A person who commits trespass to others' property shall be liable for any loss or damage resulting from the trespass. the term "trespass" means an unlawful entry into, taking possession of products of, unauthorized damage to, interference in, or unlawful encroachment on, a property that is under entitlement, possession or ownership of another person, in the case of an immovable property, and forcibly taking into custody, taking away, taking the advantage arising out of, or causing obstruction or hindrance in the use of, the property under entitlement, possession or ownership of another person, in the case of a movable property, and also includes an act of taking control of any type of property in an unauthorized manner.

10) To bear liability jointly:

If multiple people are involved in committing a tort, they are generally held jointly and severally liable for the resulting damage, unless proven otherwise. Each person's share of liability is determined based on their level of fault in causing the harm. If it is possible to assess the degree of culpability, liability will be divided accordingly. However, if individual responsibility cannot be determined, all involved persons must equally share the liability. This provision ensures that victims receive fair compensation while promoting accountability among all those responsible for causing harm through wrongful or negligent actions.

Compensation

• A person who commits a tort must pay compensation for the harm caused.
• If the injured person also contributed through omission, fault, recklessness, or negligence, the compensation amount will be reduced.
• Compensation is limited to actual loss or damage; remote or hypothetical losses are not compensable.
• Compensation can be provided in cash, kind, or service.
• The injured party has the right to claim compensation for any loss or damage under this Chapter.
• Upon such a claim, the court may order payment of reasonable compensation.

Tort Lawyers in Nepal

Tort lawyers in Nepal play a growing but vital role in ensuring accountability for civil wrongs. At the core of tort law lies the principle that every individual has a legal and moral duty to act responsibly within society. When someone breaches this duty and causes harm-whether through negligence, omission, or intentional misconduct-they may be held liable and required to compensate the victim for the loss suffered.

While tort litigation remains relatively new and underdeveloped in Nepal, its relevance is increasing with greater awareness of civil rights. Tort lawyers assist clients in navigating legal remedies for issues such as personal injury, defamation, and property damage. However, Nepal's legal system does not yet clearly define the categories of tortious liability-such as intentional, negligent, or strict liability-or the evidentiary standards required to prove such claims. This ambiguity can result in misuse or misinterpretation of tort law in court.

The legal procedures for filing tort cases follow civil litigation processes under the Muluki Civil Code 2074. Still, as the courts gain more exposure to tort cases, interpretation and enforcement of these provisions remain a developing area. Tort lawyers in Nepal are essential in helping victims seek reasonable compensation based on the nature and extent of the harm, while also advocating for fair application and evolution of tort principles within the justice system.

Conclusion

In conclusion, tort law in Nepal plays a vital role in safeguarding individual rights and ensuring justice in cases of civil wrongs. Despite being a developing area, it draws from principles of fairness, accountability, and social responsibility, with the Civil Code 2017 serving as the main legislative framework. While the system is still evolving, it addresses various torts such as negligence, defamation, and trespass, among others. Key provisions highlight the responsibilities of property owners, employers, and guardians, ensuring liability for harm caused. As awareness of civil rights grows, tort law in Nepal is poised to expand, providing greater protection and remedies for individuals facing harm in a rapidly changing society.